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Byelaws and general directions

Special Navigation Regulations – Harbour Master’s General Direction No 1

Byelaws should be read and understood by all river users. Failure to comply will result in civil prosecution.

Speed limit

6 knot speed limit

By virtue of the provisions of Sec. 52 Harbour, Docks and Piers Clauses Act 1847, Sec.12 Southampton Harbour Act 1939, Article 37 and Schedule 2 The River Hamble Harbour Revision Order 1969, the River Hamble Harbour Master has made the following General Direction:

1. This Direction is given to Masters1 and persons having command or charge of any vessel2 other than those vessels listed in paragraph 3(i) to 3(v)

2. This Direction applies at all times and in all areas within the limits of the River Hamble Harbour3

3. This Direction is not given to Masters and persons having command or charge of vessels:

(i) used by search and rescue organisatios
(ii) of the River Hamble Harbour Authority
(iii) of the Hampshire Constabulary
(iv) of HM Customs and Excise
(v) used as safety boats by Yacht and Sailing Clubs and other such organisations when engaged in operations where complying with this Direction would inhibit their ability to fulfil their function as a safety boat

4. No vessel, except those listed in paragraphs 3(i) to 3(v), shall proceed at a speed of greater than 6 knots through the water.

5. This Direction is given notwithstanding the requirements of the International Regulations for Preventing Collisions at Sea4 and Byelaw 55

6. Not to comply with this Direction is a criminal offence for which the person having command or charge of the vessel may be prosecuted6

Jason Scott
Harbour Master River Hamble
Shore Road
Warsash SO31 9FR

23 July 2015

1 Sec.3 Harbour, Docks and Pierc Clauses Act 1847

2 As defined in Article 3 of the River Hamble Harbour Revision Order 1969

3 As prescribed in Article 4 of the River Hamble Harbour Revision Order 1969

Owners, Agents Charterers, Marinas, Yacht Clubs and Recreational Sailing Organisations should ensure that the contents of this Notice are made known to the master or persons in charge of their vessel or craft.

Special navigation regulations

Harbour Master’s General Direction No 2 International Regulations For Preventing Collisions at Sea (Colregs)

By virtue of the provisions of Sec.52 Harbour, Docks & Piers Clauses Act 1847, Sec.12 Southampton Harbour Act 1939, Article 37 and Schedule 2 The River Hamble Harbour Revision Order 1969, the River Hamble Harbour Master has made the following General Direction:

1. This Direction is given to Masters1 and persons having command or charge of any vessel2

2. This Direction applies at all times and in all areas within the limits of the River Hamble Harbour3

3. All vessels shall comply with the International Regulations for Preventing Collisions at Sea 1972 (the Rules) (as amended and as they may be amended in the future)

4. Nothing in the Rules shall interfere with the operation of special rules, Byelaws or Harbour Master’s Directions made by the River Hamble Harbour Authority4

2 As defined in Article 3 of the River Hamble Harbour Revision Order 1969 thus: “vessel” includes anything (howsoever propelled or moved) constructed or used to carry persons or goods by water

3 As prescribed in Article 4 of the River Hamble Harbour Revision Order 1969

4 See Rule 1 (b) of the International Regulations for Preventing Collisions at Sea 1972

Owners, Agents Charterers, Marinas, Yacht Clubs and Recreational Sailing Organisations should ensure that the contents of this Notice are made known to the master or persons in charge of their vessels or craft

River Hamble

Bye-laws for the River Hamble undertaking bye-laws relating to vessels entering, using or leaving the river

The Hampshire County Council in exercise of the powers conferred by Sec.83 of the Harbours, Docks and Piers Clauses Act 1847 as incorporated under Article 4 of the River Hamble Harbour Revision Order 1969 (S.I. 1970 No. 249) as amended by the River Hamble Harbour Revision Order 1982 (S.I. 1982 No. 1370) and by Sec.67 of the Hampshire Act 1983 and of all other powers enabling them in that behalf make the following bye-laws:

Citation

1. These bye-laws may be cited as the River Hamble Bye-Laws, 1983.

Commencement and revocation

2. These bye-laws shall come into operation on the expiration of one month from the date of confirmation thereby by the Secretary of State for Transport from which date the bye-laws specified in the Schedule hereto are insofar as they apply to the river, hereby revoked to the extent only that they shall no longer apply to the river but shall otherwise be unaffected by these bye-laws. These bye-laws shall apply in, upon or about the river.

Interpretation of words Interpretation

3. The following words and expressions shall have the meanings hereinafter assigned to them, namely:

"The County Council" means the Hampshire County Council

"Fairway" means the navigable channel of the River and includes those parts of the channel kept clear of moorings or other obstructions in order to give vessels clear passage

"The Harbour Master" means the Harbour Master appointed by the County Council or any other Officers appointed by the County Council for securing the observance of these bye-laws and includes his or their duly authorised assistants

"Hovercraft" means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle

"The master" means the owner or any other person for the time being responsible for the conduct or management of a vessel or pontoon

"Moored" when used in relation to a vessel or pontoon means:

made fast to a mooring chain, mooring pile or mooring buoy either ahead or astern or both, or

secured alongside any vessel or pontoon so moored, or

secured both ahead and astern by anchors

"Mooring" includes any pile, pontoon or other like structure, anchor cable or other tackle whether or not owned or provided by the County Council intended for the securing of vessels.

"The Order of 1982" means The River Hamble Harbour Revision Order 1982 (S.I. 1982 No. 1370)

"Parakiting" means an activity where a person is towed by a vessel and supported by a parachute, kite or other thing designed to provide lift

"Person" includes a corporation

"Power-driven vessel" includes any vessel which is for the time being propelled in whole or in part by means of machinery

"The River" means so much of the River Hamble as is within the limits described in Article 4 (Limits of the Navigation) of the Order of 1982

"Under Way" when used in relation to a vessel means when she is not at anchor or moored or made fast to the shore or aground, and includes a vessel which is dragging her anchor on the ground

"Vessel" includes anything (howsoever propelled or moved) constructed or used to carry persons or goods or materials by water and (without prejudice to the generality of the foregoing) includes a hovercraft and any seaplane or flying boat on or in the water.

Navigation

Bye-laws relating to navigation

4. Except where the context expressly otherwise provides, and subject to these bye-laws, the master of every vessel shall be responsible for the due performance and observance as regards such vessel of such of the following bye-laws as shall apply to such vessel.

Safer navigation of vessels

5. The master of a vessel in the river shall navigate the vessel with care and caution and in such a manner and at such a speed as shall not cause nuisance, annoyance, excessive wash, damage or injury nor danger of damage or injury to any other vessel, person, or property in the river nor to the banks of the river or any person or property thereon.

6. Deleted. (Not confirmed by Secretary of State).

Fishing etc

7. The master of a vessel shall not use or permit such vessel to be used for drift, trawl or other net fishing or shellfish dredging in the river, except with the previous written permission of the Harbour Master and at such place and subject to such terms and conditions as he may stipulate.

Vessels in difficulties

8(a). The master of any vessel or pontoon which has sunk or is aground in the river shall forthwith inform the Harbour Master of the position of such vessel or pontoon and shall give such particulars as may be required for the safety of navigation

8(b). The master of any vessel or pontoon which has been abandoned or has gone adrift or is missing from her moorings in the river shall inform the Harbour Master of the relevant facts as soon as practicable

Collisions

9. The master of any vessel or pontoon involved in collision causing material damage with any other vessel or any structure in the river shall forthwith report the circumstances to the Harbour Master.

Competent person to navigate

10. The master of any vessel when underway in the river shall ensure that at least one person having reasonable experience and ability in the art of navigation is constantly in charge of the navigation thereof.

Unseaworthy vessels

11. The master of any vessel shall not cause or permit such vessel to be moved or navigated or moored or anchored or beached or secured in any other manner in the river whilst in an unsafe or unseaworthy condition except as is necessary for her safety and that of her crew, and in such event the owner or master shall inform the Harbour Master and remove the vessel into such place as may be indicated by the Harbour Master.

Restriction of certain vessels

Bye-laws relating to the restriction of certain vessels

Hovercraft

12. No hovercraft shall navigate in the river unless the consent in writing of the Harbour Master has first been obtained.

Hydrofoils

13. No hydrofoil craft shall navigate foil-borne in the river.

Aircraft

14. No seaplane or flying boat shall navigate in, alight on or take off from the waters of the river unless the consent in writing of the Harbour Master has first been obtained.

Vessels under tow

Bye-laws relating to vessels under tow

Long vessels

15. No dredger, hopper, lighter, or other vessel exceeding 22 metres overall length, shall navigate in the River under tow unless the consent in writing of the Harbour Master has first been obtained.

Anchorage and mooring

Bye-laws relating to anchorage and mooring of vessels

Prohibited anchorage

16. No vessel shall anchor in the river between latitude 50° 50.75’ north (which approximates to the latitude of the pile beacon in the entrance to the River marked “9”) and the M27 road bridge except in case of emergency or with the written consent of the Harbour Master.

Responsible person to be aboard a vessel

17. The master of a vessel shall, if reasonably required by the Harbour Master so to do, cause at least one responsible person to be on board at all times while such vessel is anchored or moored in the river.

Moorings

18. No moorings shall be laid or maintained in the river unless the current consent in writing of the Harbour Master has first been obtained.

Safety at moorings

19. The master of any vessel or pontoon at anchor or moored in the river shall ensure that such vessel or pontoon is securely anchored or moored in such a manner and in such a position as shall not cause damage or danger to any other vessel or to any moorings or other property in the river.

Visitors moorings

20. Where a vessel is moored at a pile mooring marked “Visitors” a master of any such vessel shall not obstruct or prevent other vessels mooring alongside his vessel nor shall he obstruct or prevent free access across the decks of his vessel for persons or goods to or from other such vessels.

Removal of moorings

21. An owner or licensee of a mooring other than a pile or piled structure in the River shall, on being required in writing by the Harbour Master to remove that mooring for the purpose of dredging or other works in the River, within such period as the Harbour Master may specify, remove that mooring.

Power of Harbour Master in emergencies

22. (a) In the event of emergency the Harbour Master may remove a vessel or mooring or cause the same to be removed.

22. (b) In the circumstances described in paragraph (c) of this bye-law the Harbour Master may remove a vessel or mooring or cause the same to be removed, provided that having taken all reasonable steps he has been unable to contact the master or owner of such vessel or mooring with the objective of requiring such master or owner himself to remove such vessel or mooring.

22. (c) The circumstances in which paragraph (b) of this bye-law shall apply are as follows:

(i) to avoid damage or injury to any person, vessel, mooring or other property in the River
(ii) whenever the Harbour Master considers it necessary in the interests of efficient management and operation of the River

22. (d) Where a vessel or mooring is removed by the Harbour Master in accordance with the preceding provisions of this bye-law the Harbour Master shall inform the master or owner of the vessel or mooring of its removal and its new position as soon as practicable

General

Duty to assist the Harbour Master

23. The master of any vessel in the river shall when so required by the Harbour Master afford every reasonable facility to enable the Harbour Master to ascertain whether or not these bye-laws are duly observed.

Navigating whilst under the influence of drugs

24. A person shall not navigate any vessel in the river whilst under the influence of drink or drugs to such an extent as to be incapable of taking proper control of the vessel.

Behaviour towards council officers

25. No person upon or about the river shall intentionally obstruct any Officer of the County Council in the execution of his duty.
Motor vessels to be silenced etc.

26.(a) Except with the consent of the Harbour Master, a power driven vessel shall not be used in the river unless the engine is fitted with a silencer suitable and sufficient for reducing, as far as may be reasonable, the noise caused by the escape of exhaust gases from the engine.

Motor vessels to be silenced etc

26.(b) No person shall sound or use or cause or permit to be sounded or used in the river a siren, steam hooter, fog horn, distress rocket, or other instrument or appliance for producing alarm signals on any occasion or for any purpose other than in connection with navigation, distress or race control.

Water skiing

27. No person or persons shall engage in water-skiing, aquaplaning para-kiting or any similar activity or in the towing of such person or persons within the river.

Navigational aids

Destruction of a vessel

29. No vessel shall be broken up, set fire to or destroyed in the river except with the previous written permission of the Harbour Master and at such place as he shall appoint and subject to such other terms and conditions as he may stipulate.

Disposal of waste etc

30. No person shall deposit in the river any rubbish, refuse, ballast, stones, earth, clay or other abandoned article or material whether liquid or solid except with the previous written permission of the Harbour Master and at such place as he may appoint and subject to such terms and conditions as he may stipulate. The provisions of this bye-law shall not apply to a vessel’s lavatories.

Bait digging

31. No person shall in the river:

(a) dig for any form of fishing bait or for any material within 15 metres of any mooring or within 6 metres of any pile, beacon, mark, hard, causeway, jetty, quay, wharf or similar structure

(b) dig for any form of fishing bait or for any material in a place not prohibited under (a) above without forthwith replacing all material so dug out or displaced

Bright lights

32. No searchlights, floodlights or other bright lights or pyrotechnics, other than those for indicating emergency or distress shall be exhibited in the river in such a manner as to interfere with safe navigation, unless the consent of the Harbour Master has first been obtained.

Smoke

33. No person shall cause or permit a fire or other smoke producing devices to produce smoke in the river in such a manner or in such quantity as to interfere with safe navigation.

Obstruction by vessels

34. The master of any vessel shall ensure that such vessel does not obstruct any hard or other landing place in the river.

Dangerous cargoes

35. No cargo of a hazardous, inflammable, or noxious or offensive nature shall be carried in the river unless the consent in writing of the Harbour Master has first been obtained.

Structures and dredging

36. No person shall build or cause to be built any structure, nor drive any piles or stakes nor carry out any dredging operations in the river, unless the current consent in writing of the Harbour Master has first been obtained.

The Schedule

The schedule bye-laws revoked Article 2

Previous bye-laws revoked

The bye-laws other than those for Licensing and Regulating Vessels used for the Conveyance of Passengers, Boatmen Plying for Hire, Barrowmen and Porters made or deemed to have been made by Associated British Ports under the provisions of the Southampton Harbour Act and Order 1863 and the Acts incorporated therewith

The bye-law made by the Hampshire County Council in pursuance of Section 19 of the Hampshire County Council Act 1972 for the purpose of restricting the speed of vessels and of prohibiting water skiing on the River north of Bursledon Bridge at Bursledon

These bye-laws (excluding bye-laws 9, 17, 22 and 26) were made by Hampshire County Council on 16 January, 1985 and confirmed by the Secretary of State for Transport on 26 November, 1985 Bye-Laws 9, 17, 22 and 26 were made by Hampshire County Council on 24 February, 1986 and confirmed by the Secretary of State for Transport on 2 May, 1986.